Articles on Human Rights | Illinois State Bar Association

New business for the Illinois Open Meetings Act By Mark E. Wojcik Human and Civil Rights, April 2002 The purpose of the Illinois Open Meetings Act is to give citizens advance notice of all meetings at which any business of a public body is discussed or acted upon in any way.

When are an employer’s “legitimate expectations” pretextual? By Mark E. Wojcik Human and Civil Rights, April 2002 To establish a prima facie case of employment discrimination under the Civil Rights Act of 1964, an employee must prove four things:

Where have all the liberals gone? Have they been tribed? By Thomas W. Simon Human and Civil Rights, April 2002 Politics and debate go together. Yet, despite the many political decisions made and actions taken in response to the events of September 11th, they have generated relatively little debate.

Adjudicating the government use of racial slurs—the “Redskins” debate By Matthew W. Beaudet Human and Civil Rights, January 2002 The "Redskins" debate being waged both Nationally and here in the State of Illinois has been mistakenly viewed as part and parcel of the general debate involving the use of Native American-based names, symbols and mascots.

Illinois Native American Bar challenges racial school sports name of “redskins” By Richard L. Hutchison Human and Civil Rights, January 2002 In the litigation Mathew Beaudet refers to in the last paragraph of his article, the Illinois Native American Bar Association filed a civil rights lawsuit against the Huntley Illinois High and Middle School.

In this issue Human and Civil Rights, January 2002 We begin with an apology to all for this belated first issue. We are working to get back on track in order to meet our annual newsletter obligations and your patience is appreciated.

AIDA attempts to show HBO who’s “boss” By Gabriella Moretti Human and Civil Rights, June 2001 AIDA (American Italian Defense Association) isn't singing the praises of the critically acclaimed HBO mob drama The Sopranos, which has become a pop-culture phenomenon.

From the outgoing chair By Michael F. O’Brien Human and Civil Rights, June 2001 The review of proposed legislation affecting Human Rights has historically been a primary function of this section council.

The ADA and state employees By Mary Lee Leahy Human and Civil Rights, May 2001 On February 21, 2001, the United States Supreme Court dealt state employees another blow.

From the chair By Michael F. O’Brien Human and Civil Rights, May 2001 Internet technology has vastly enhanced the Human Rights Section Council's legislative review process.

Is Executive Order 11246 still valid? By Douglas A. Darch Human and Civil Rights, May 2001 In 1965 then-President Johnson issued Executive Order 11246. This Executive Order required government contractors to meet certain affirmative action obligations.

The source of Native American rights in Illinois By Matthew W. Beaudet Human and Civil Rights, May 2001 It was a great honor to be invited to the ISBA's Individual Rights & Responsibilities Section Council's mid-year meeting last month.

U.S. Supreme Court holds state employees cannot sue for money damages under the ADA By Brian M. Stolzenbach Human and Civil Rights, May 2001 In its latest Eleventh Amendment sovereign immunity case, the United States Supreme Court held that individual employees may not sue their state employers for money damages under the Americans with Disabilities Act.

Calling all government attorneys Human and Civil Rights, January 2001 The ISBA's Standing Committee on Government Lawyers wants to include you in its constituency. Historically, neither the Attorney Registration and Disciplinary Commission nor the Illinois State Bar Association has maintained data with respect to those attorneys engaged in government practice.

Illinois Supreme Court holds school desegregation equitable remedies are not “compensatory damages” justifying taxes or bondsunder Tort Immunity Act By Michael F. O’Brien Human and Civil Rights, January 2001 Following eight years of legal challenges by Rockford school district taxpayers, the Illinois Supreme Court has ruled that the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. (1998) ("Tort Immunity Act"), does not authorize taxes or bonds for school desegregation suit equitable remedies.

Law Ed Seriesproposal Human and Civil Rights, January 2001 Public records have long been available to people with both the patience to wait in long lines and the means to pay for duplication.

Memorandum: jury verdict in job-bias testers case By Douglas A. Darch Human and Civil Rights, January 2001 The use of job-bias testers was dealt a major set-back this September when a federal jury in Chicago returned a verdict for the employer in the first testers case to proceed to trial, Kyles v. J K Guardian Security Services.

Dead letter of the law By James Stern Human and Civil Rights, October 2000 "We have been unable to perceive that the seizure of a man's private books and papers to be used in evidence against him is substantially different from compelling him to be a witness against himself."

The A, B, and C of an ALJ decision: Gilchrist v. Human Rights Commission, No.1-99-1054, decided March 27, 2000 By J.A. Sebastian Administrative Law, July 2000 In Gilchrist v. Human Rights Commission, the First District Appellate Court held, sua sponte, that the Illinois Human Rights Commission (the "Commission") exceeded its statutory authority when it (1) entered an order that allowed an administrative law judge ("ALJ") to issue a written decision on a matter that the ALJ had not personally presided over, and (2) accepted, in its entirety, the "recommended order and decision" of that ALJ.

More Illinois’ criminal justice system developments By Patrick J. Hughes, Jr. Human and Civil Rights, June 2000 The Task Force reported upon in the February issue of this newsletter and staffed by this Association's Director of Legislative Affairs, James Covington, has issued its findings and recommendations.

Close encounters with a Kosovo crisis By Thomas W. Simon Human and Civil Rights, April 2000 "You have mail from Slobodan Milosovic." A year ago, I would have hardly noticed the name of the mail forwarded from the previous tenant of my apartment in Slovenia (not to be confused with Slavonia or Slovakia).

More Illinois death penalty developments By Patrick J. Hughes, Jr. Human and Civil Rights, April 2000 The February issue of this newsletter reported on recent developments in our State's criminal justice system including two significant death penalty case events: (1) As of January 1, 2000, the creation of the Illinois Capitol Litigation Trust Fund to finance the prosecution and defense of capital trials; and (2) the appointment by the Illinois Supreme Court of a Special Committee on Capital Cases composed of seventeen Illinois judges to study the Illinois death penalty process and that Committee's report and recommendations which are summarized in the February article.

Casenote—Edmond v. Goldsmith, 183 F.3d 659 (7th Cir. 1999)—Seventh Circuit rules drug roadblock violates the Fourth Amendment By Tate Chambers Human and Civil Rights, February 2000 This past year the police department in Indianapolis lost a very valuable tool in their continuing fight against drug traffickers

Three developments in Illinois’ criminal justice system By Patrick J. Hughes, Jr. Human and Civil Rights, February 2000 Although confident that most of you already are informed about them, as one who has long worked in the Illinois Criminal Justice System (on the defense side), I thought some recapitulation of significant events effecting that system would be useful.

Inter-American Court of Human Rights press release International and Immigration Law, October 1999 Four new contentious cases were submitted before the Inter-American Court of Human Rights. These cases are the Haniff Hilaire case against the State of Trinidad of Tobago, the Aguilera-LaRosa et al.

No gun, no work By Douglas A. Darch Human and Civil Rights, October 1999 In a twist on the slogan made popular by the TV show Paladin "Have Gun, Will Travel," the Indianapolis Police Department terminated a police officer with more than 25 years of service because he was barred by a federal statute from carrying a gun.

Second District holds Tort Immunity Act taxes unavailable for prospective equitable remedies By Michael F. O’Brien Human and Civil Rights, October 1999 Editor's note: Previous editions of this newsletter contained articles entitled "The Tort Immunity Act and judicial taxation" (Oct. 1997, Vol. 24, No. 2) and "Circuit Court rules Tort Immunity Act taxes cannot fund school desegregation programs" (Jan. 1998, Vol. 24, No. 3) describing Rockford's court-ordered school desegregation taxes.

Nondelegation doctrine makes comeback By Douglas A. Darch Human and Civil Rights, August 1999 The Court of Appeals for the D.C. Circuit recently had the opportunity to dust off one of those little used and often forgotten constitutional law principles. In American Trucking Associations v. U.S. E.P.A., 175 F.3d 1027 (D.C. Cir. 1999), the court of appeals struck down several national ambient air quality standards issued by the Environmental Protection Agency ("EPA").

Lawyer to Lawyer Network International and Immigration Law, July 1999 The New York based Lawyers Committee for Human Rights maintains a program to aid persecuted attorneys throughout the world with a mailing campaign by lawyers in bar associations around the world directly to the persecuting governments and government officials.

Lawyer to Lawyer Network International and Immigration Law, June 1999 The New York based Lawyers Committee for Human Rights maintains a program to aid persecuted attorneys throughout the world with a mailing campaign by lawyers in bar associations around the world directly to the persecuting governments and government officials.

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